Loading...
HomeMy WebLinkAbout1983-03-21_COUNCIL MEETING7 AGENDA REGULAR MEETING EDINA CITY COUNCIL MARCH 21, 1983 MINUTES of November 1, 1982, and March 7, 1983, approved as submitted by motion of ,-seconded by RESOLUTION OF CONGRATULATIONS - Edina High School Hockey Team Edina High School Girls Basketball Team I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Read- ing of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Flood Plain Permits, Plats, Appeals from Administrative or Board of Appeals and Adjustments decisions require action by Resolution. 3/5 favorable rollcall vote to pass. A. Hedberg & Sons - East of France Ave. and North of Parklawn Ave. extended 1. R -1 Residential District to POD Planned Office District .2. Hedberg Parklawn Acres - Preliminary Plat Approval (Continued from 3/7/83) (Continue to 4/18/83) B. Pearson /Elmer Townhouses - Generally located.South of Vernon Ave. and East of Vernon Court (Continue to 4/4/83) 1. R -2 Residential District to PRD -2 Planned Residential District 2. Pearson /Elmer Addition - Preliminary Plat Approval C. Westridge Estate - Preliminary Plat Approval - Generally located North of Crosstown Highway and West of MN &S Railroad D. Braemar Associates /Klodt Development Co. - Amendment to PRD -3 Planned Residential District Overall Development Plan - W. of Cahill and N. of W. 78th St: E. Year 9 Community Development Block Grant Budget r. II. SPECIAL CONCERNS OF RESIDENTS A. Mrs. Mary R. Thatcher - Grace Church Expansion III. AWARD OF BIDS AND QUOTES - Tabulations and Recommendations by.City Manager. Action of Council by Motion. IV. RECOMMENDATIONS AND REPORTS A. Sewer. Rehabilitation,Report B. Set Hearing Dates 1. Crosstown Hills.Easement Vacation (4/18/83) C. Beer Licenses D. Relamping City Streets E. Special Concerns of Mayor and Council F. Post Agenda and Manager's Miscellaneous Items V. ORDINANCES A. First Reading 1. Cable Franchise Ordinance Amendment 2. Ordinance No. 434 -A6 - Decking Requirement for Indoor Whirlpools VI. FINANCE A. Claims Paid: Motion of , seconded by , for payment of the following Claims as per Pre -List: General Fund, $427,044.81, Park Fund, $20,063.03, Art Fund, $1,774.20, Golf Course, $2,445.53, Arena, $8,744.25, Gun Range, $852.44, Water Fund, $8,348.03, Sewer Fund, $3,943.98, Liquor Fund, $72,193.32, Construction, $180.76, IBR Fund, $12.00, Total, $545,602.35 w- L�aiv- /L/O -iy (OFFICIAL PUBLICATION) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARINGS THE EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 West 50th Street, on Monday, March 21, 1983, at 7:00 P.M. and will at said time and place consider the following: Rezoning request from R -2 Two Family Dwelling District to PRD 2 Planned Residence District for Pearson /Elmer Townhouses and Preliminary Plat Approval for Pearson /Elmer Addition. Generally located south of Vernon Avenue and east of Vernon Court. Generally described as Lots 1 and 2, Block 1, Crosstown Hills. Preliminary Plat Approval of Westrid a Estates, generally located north of Crosstown Highway and west of MNS Railway. Generally described as that part of Tract B, R.L.S. No. 519 lying east of Tract A, R.L.S. 519 and lying north of County Highway No. 62, except the easterly 70 feet thereof. Rezoning request from R -1 Single Family Residence to PRD 3 Planned Residence District for Braemar Associate; Construct Comp- ::n generally located west of Cahill Road and north of West 78th Street. Generally described as part Outlot 1, Heath Glen and part of the E 1/2 of the SW 1/4 of the SE 1/4 of Sec. 8, T 116, R 21. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk * Please publish in the Edina Sun on Wednesday, March 9, 1983. * Please send six (6) Affidavits of Publication. tt�� N � OP &I SV. f Z 0 O i� / �J Orr e zon.T,,.iqcj REQUEs'r m mf ER: Z -79 -10 Braemar Associates LO(:ATIO* \: Generally located west of Cahill Road and north of Vi 78th Street. RFQUEST: R -1 Single Family Dwelling to F- oo ► PRD -3 Planned Residential District. Overall Flan �npraval. L ���. i � I 1 �illn�e• j�(,n+nint• +irk +nri +� +�•+• �• ++Lr ,�� r�rinr: COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT MARCH 2, 1983 Z -79 -10 Braemar Associates / Klodt Construction Co. Generally located west of Cahill Road and north of West 78th Street Refer to: Revised overall development plan; October 1, 1980, Staff report The Commission and Council granted final rezoning approval to PRD -3 for the subject property approximately two years ago. At that time, an eight building condominium project containing 89 units was approved. This project included excess right -of -way from land acquired for Delaney Boulevard. Construction of the condominium project has never commenced. The property owners have nowjoined forces with Klodt Construction Company who proposes to develop the east half of the site. Klodt desires to modify the overall development plan to reflect a considerable reduction in the unit sizes as compared to the earlier plan. The revised plans illustrate two condominium buildings containing a total of 54 dwelling units. These two buildings will take the place of five condominium buildings (also containing 54 units) which were proposed by the earlier plans. The present site plan illustrates considerably less building coverage than the earlier plan due to the substantial decrease in unit sizes. (The present units are less than one half the floor area of the prior condominiums.) Underbuilding and surface parking are proposed in numbers which conform to our ordinance. As with the earlier plan, a 15 foot parking setback from Cahill Road is proposed which is below the required setback of 35 feet. All other setbacks are consistent with our requirements. The proponents have also submitted schematic floor plans and elevation drawings in support of their plan amendment. Landscape plans , grading plans, utility plans, and so forth have not been submitted at this time. The proponents are not suggesting significant changes to the original plan for the west half of the site. Three condominium buildings containing 36 extremely large units continue to be shown. (It should be noted that the approved plans show 35 units in these buildings rather than 36.) The site plan illustrates a slight re- alignment of these buildings to the north and east in order to provide a more generous spacing between the buildings. A revised subdivision has not been submitted for the property. It is our understanding that such a plat would divide the property in half and therefore two totally separate condominium associations would be created. Community Development March 2, 1983 Page two Recommendation: and Planning Commission We were very supportive of the prior proposal for the site. Thus, it is difficult for us to be enthusiastic about a plan which in essence, separates the site into two distinct projects which are very different in terms of their style and market. However, we acknowledge that the site is somewhat unique in terms of its surrounding land uses which lead to a more modestly priced unit for the easterly portion of the site and a luxury class unit for the westerly portion. Also, the site has excellent access which does not hinder the establishment of separate projects. We believe the site plan proposes a desireable placement of the two condominium buildings and their accessory parking. The ponding, area in the center of the site is retained as originally shown and should provide an excellent amenity for the project. As noted earlier, the building coverage of the new proposal is .considerably reduced which will contribute to a feeling of openess on the site. Our-only requested modification to the site plan is that the parking setback from Cahill should be increased to 20 feet which is more consistent with parking setbacks in other areas. We would ask that additional work should be undertaken on the elevation plans of the building. We are particulary concerned with the proposed roof line of the building, especially the shed roofs which are shown in various locations. As noted earlier, landscape plans, grading plans, etc., which usually are submitted in cases such as this have not been provided. Such drawings should be provided for review prior to approval of the plan amendment by the Council. Subject to the above modifications and comments, Staff recommends approval of the plan, amendment conditioned upon: 1. The elimination of one dwelling unit from the project in order to make the density consistent with the earlier approval and 2: submission of a revised subdivision for the site. COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT OCTOBER 1, 1980 Z -79 -10 Braemar Associates. R -1 Single Family Dwelling to PRD -3 Planned Residential District. Final rezoning and preliminary plat approval. Refer to: Attached overall development plans and November 28, 1979, Staff Report The Commission and City Council granted preliminary approval of this-re- zoning to PRD -3 in late 1979. You will recall that this development plan incorporates a portion of the property acquired by the City for Delaney Boulevard. The proponents have now returned with overal development plans and are requesting final rezoning approval. As before, the site plan illustrates 89 condominium units located in eight buildings which represent an overall density of about 8.5 units per acre. Approximately two enclosed parking spaces and .5 exposed parking spaces per unit are proposed. The overall development plans also include a grading plan, a concept land- scape plan, utility plan, unit plans, and elevation drawings. In addition, the proponents have submitted a preliminary subdivision. Recommendation Staff believes that the proponents have prepared an excellent development ' concept for the site. The plan preserves the slopes and vegetation in the west central portion of the site and proposed a proper use of the wetland area in the east central portion of the site. Staff's criticism of the plans relate primarily to the apparent need for set- back variances and the location of exposed parking areas. The PRD section of the Zoning Ordinance requires a 35 foot setback for buildings and parking from all property boundaries. The proposed plan violates this setback on -all four sides. We believethat building setback variances along Delaney Boulevard are reasonable due to the curvature of the street. However, we believe that the two buildings along Cahill should be adjusted by providing smaller unit sizes to meet the 35 foot setback. Similarly, the pool building should be adjusted to meet this setback from the north boundary. Staff is also concerned with the location of exposed parking. The two parking areas along Delaney are located entirely %,.ithin the setback area. Also, the driveway entrances to these par•kinc! areas exhibit poor- site distances for Delaney traffic. Likewise, the parking zrr-ea on the east side is within the setback area and abuts Cahill Road. It should be rioted that this parking area was not shown on the preliminary Flan. I 4-/:1 IU braemar Associates Page 2 In addition to these concerns, Staff also notes that a "concept" landscape plan has been submitted. The ordinance requires a detailed landscape plan and plant schedule. We agree that it is difficult to prepare such a detailed plan with this site due to the abundance of existing vegetation which may be preserved. However, a more detailed plan should be prepared prior to final approval by the Council. Also, the exterior materials on all buildings should be noted on the plan. Therefore, we recommend overall plan approval with the understanding that the above noted features should be modified. Approval is recommended conditioned on final platting and subdivision dedication. Q o_ z- Ld . i -_ _ 1 1 .:�. .-rte , .M j /,��•� J z - __ � � %� �; \ 3, —�;\ —_ / >� ,� _rte''✓ - .:J /;. ti►r� FLA N _T_ 9. J� S? =0 , •F- • / ! \ ✓ter j '�:. ':~: _ �•" — — 11 �� 1 � - - L�rwl :.\ ! LIVING.' -\ cu % r Tif .1 - Imo' • �"" - _ -- �'�t -e.r , -:._i_ -_ — r: � *Y/ `— -- - R,e�M i� 200 �. �i- � � � 'a _— ter;•'.•..•' •� ss ' , E�+7�Y - .' � .. �� ' .1 r:.: �`„ • • �` �R ,�• ,off. .°•. ?: *, `� �1i ' ✓' � - - �\ - •+-__ -..._ • it _ :., � V I �:•; r ...A r � I ii L i BOND vJ1:, e ' •r NWC ltr LfGCK ti• F f S'- - � , 4 �s3 �ItSk "Gr 7r'�, < :.:.' a �ri � �,arti)r•'. _ _ _ - �p. �� Z 1 J v_ 1 '� �5 If4 tl -7 kv� •N ~� a Q i C. I' � ,. � ' t ��' � `4�:Y " \ ✓f 'T � 1 fir'` Y. 1 Id Ai [a � may" ���•� :� !Y :"` ;. i'�,�"�1��, d _ VrvVi ..J _�•� f� {y� �.•,.. 4J l J2 UNitc A � -� A A tea t , ��` �.c' �j t`� A ;�'a p t,L•. , it['R� -, �,� r�Yr �'L•.tit 4l �' :- ' � -'(,- �5a. 'J r _ �� -:t:�V , 7 �. rt��'l'r � <- d - .�1*•' _, .T I Pf'�I_�'- ?-- - - - - -- 'r!rr VIM,. ft:f• r/l T. " AC ;we ;ctti I _.71�C`I %G 2 EoItc,rl3e `YFB I F''Li'N:i : EI'D--S -- P..aS nNtfi;c.rLz - �. iim 2 G 12 1b?P,L I II(r TC TPLG n 54 N' r,,71 1 - ----------- AA Wk uj, - AL 4 " 7 Wt� I'L UNITS .- iz, No TF!ll Tr ed re rc 4r pr F'I K I TT "r 7iNG p; KIN, LVAI T: - /N -,. T? LI F'I K I TT "r 7iNG p; KIN, LVAI T: - /N -,. T? I _ -A -- I I I I }- � FA . 1 I _ 1 + _' `__ = 111 --- -- 7T L t T -Nfu --- - -f1�N --- APf�F7mrNTS L s `„1- M E M O R A N D U M - DATE:. March 16, 1983 TO: Ken Rosland, City Manager FROM: Gordon Hughes, City Planner SUBJECT: Community Development Block Grant (CDBG) Budaet For Program Year IX ,J�E A public hearing before the City Council has been scheduled for March 21, 1983, to consider.a proposed budget for Year IX of the CDBG program. Notice of the hearing and the proposed budget was published in the March 9, 1983, edition of the Edina Sun. Program regulations and citizen participation requirements for the program remain substantially the same as last year. Only one public hearing is required at the local level. Following approval of the budget by the City Council, the Planning Area Citizen Advisory Committee ( PACAC) reviews the budget and forwards it to the Hennepin County Board. Edina is represented on the PACAC by Donna Scudder. Edina's planning allocation for Year IX is 214,049 or 6.34 % of. the Urban Hennepin County total of $3,752,000, or about 101A less than last year. Staff has prepared the following budget for City Council consideration: Activity Rehabilitation of Private Property Assistance to low and moderate income housing development Handicapped access improvements to public properties Non - profit housing sponsor Public Services (H.O.M.E.) Tota I B udget $30,000 $107,449 $50,000 $20,000 $6,600 $214,049 All activities proposed represent projects continued from Year VIII or earlier. Rehabilitation of private property, assistance to low and moderate income housing development and handicapped access improvements have been budget items for several years. The non - profit housing sponsor project was initiated last year to assist with the development of housing in the Windfield - Laukka mixed -use project. The public services project was also started in Year Vlll to assist South Hennepin Human Services Council through its H.O.M.E. program, to provide maintenance and repair service to senior citizens in Edina. They have indicated to Staff that they wish to continue to receive this assistance. IO - `;: -�-%i& - l,�i -/4/ (OFFICIAL PUBLICATION) NOTICE OF PUBLIC HEARING CITY OF EDINA, MINNESOTA Notice is hereby given that Hennepin County and the City of Edina, Minnesota, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, are sponsoring a public hearing on March 21, 1983 at 7:00 P.M., at Edina City Hall Council Chambers, 4801 West 50th Street, Edina, Minnesota, to obtain the views of citizens on local and Urban County housing and community development needs and to provide citizens with the opportunity to comment on the Urban Hennepin County Statement of Objective /1982 and the City of Edina's proposed use of its Year IX Urban Hennepin County Community Development Block Grant planning allocation of $214,049. The City of Edina is proposing to fund the following activities with Year IX Urban Hennepin County CDBG funds starting July 1, 1983. Activity Rehabilitation of Private Property Assistance to low and moderate income housing development - Handicapped access improvements to public property Non - profit housing sponsor Public Services Budget $30,000 $107,449 $50,000 $20,000 $6,600 For additional information on proposed activities, level of funding and program objectives contact the City of Edina, 4801 West 50th Street, Edina, Minnesota., (612)927-8861. The public hearing is being held in accord with the Urban Hennepin County Joint Cooperation Agreement pursuant to M.S., 471.59. * Please publish in the Edina Sun on Wednesday, March 9, 1983. * Please send two (2) Affidavits of Publication 5500 Halifax Avenue C. .diva, linnesota 55424 _'arch 15, 1983 Mr. C. 'Jayne Courtney ?Mayor, City of Edina 4313 Eton Place Edina, .N 55424 Dear 'sir. Courtney, I am writing to you because I am concerned about the continuing expansion of Grace Church over an established residential neighborhood. This year an entire block of homes will be converted to a parkin; lot. Our neighbors on 'Hali -fax Avenue who valued their location among single family homes suddenly find themselves next to a busy -drivewatr. Their properties have much less privacy, and considerably more exposure to noise, trespass and vandalism as a direct result of this change.. The site plan at city hall indicates the church auditorium may be expanded from 900 to 1700 seats. To meet cede requirements for par1:ing, a parking ramp has been discussed. If I understand the 2,dina Planning Department correc uly, a par1,cing ramp is permissloie in a single family residential area, as long as the ramp does not exceed 40 feet in height. It really upsets me and myr neighbors to have such major changes made that affect our neighborhood without our having anything to say ab.out it. It has become clear to me that the current city ordinances work to favor this conversion of R -1 dwellings to institutional use. The-ordinances have provided no protection, not even a hearing, for homeowners who prefer that adjoining properties remain residential. I believe the ordinances need to be changed. Conversion of R -1 properties to non - residential use for any reason should require: 1) public notice 2) public hearings 3) decision resting with elected officials who are responsible to the community I believe homeowners deserve this protection. As mayor you are in.a position to influence the law making process. I would appreciate your response to my concerns, and your advice as to hour to proceed to get changes in the ordinances. Sincerely, iiary R. Thatcher a. • y mmr-7 JOEDINA 1801 WEST 50TH STREET. EDINA. MINNESOTA 55424 612- 927 -8861 March 21, 1983 Mrs. Mary R. Thatcher 5309 Halifax Avenue South Edina, MN 55424 Dear Mrs. Thatcher: Thank you for your letter of;March 15, 1983. If you have been following Council activities pertaining to the church's expansion, you will know that I am fully supportive of your position in this matter. I do think that we need to have a better procedure by which neighbors surrounding the church in a residential area have an opportunity to have input into the process. . I believe that when the last proposals by the church were considered- it was the Council's direction to its staff that we should evaluate at this time our ordinances insofar as permitting this type of activity. I would encourage you to coordinate with Gordon Hughes, our Edina City Planner, to voice your concerns which I know are shared by many. Again, thank you for your expression of interest and taking the time to correspond with me. Very truly yours, Frederick S. Richards FSR /dp /d cc: W r. Ken Rosland Mr. Gordon Hughes TO: Mayor.and City Council FROM: Francis Hoffman, City Engineer_ _ __ VIA: Kenneth Rosland, City Manager /I SUBJECT: Sanitary Sewer Rehabilitation - Report I Background: The City of Edina recently completed the Infiltration /Inflow study of the sanitary sewer. system. It was discovered that some sub -areas of the system have considerable infiltration and inflow. It was determined in the study that it would potentially be cost effective to correct the major deficiencies. These corrections should result in lower charges from the Metropolitan Waste Control Commission due to lower sewage flows and rehabilitate the sewer system. Project: The.City staff proposes to start an initial evaluation and rehabilitation in District 2 as shown on the attached map. The project proposed will have as its objectives: to reduce sewer flows and re- habilitate the sewage collection system in District 2. The project will utilize existing manpower from the engineering and sanitary sewer staff. Outside technical assistance will be needed occasionally for data analysis, televising sewer lines and flow monitoring. The project will consist of the following acitvities: 1. Manhole Inspection - used to identify specific infiltration /inflow area. 2. Building Inspection - used to document inflow related items, such as: roof drains, area /yard drains, sump pumps and foundation drains. Many of those items are not usually cost - effective to correct. 3. Flow Monitoring - used to establish.flow rates at specific points in the system. 4. Televising Sewer - used in selected locations to determine need for rehabilitation. 5. Storm Sewer Flooding - used to determine if cross - connections exist between storm and sanitary sewer and identification of inflow source. 6. Smoke Testing - used to determine sources of infiltration /inflow. Very effective method done with smoke generators which are odorless, non - toxic, and non - staining. As these items are completed, some of which are dependent upon completion of the others, an anlysis and report will be completed as to the necessary rehabilitation of the system. The final step will be the actual re- construction activities which vary from grouting manholes to sewer line rehabilitation. The first six items are estimated to require 800 to 1000 manhours of activity. The initial expenditure of sewer funds are estimated at $30,000.00. These funds are part of the funds programmed annually for such items as lift station repair and sewer line rehabilitation. Page II The staff will make a presentation on our proposal during the council meeting. FJH:Im 3/18/83 I 1 Ll INFILTRATION /INFLOW ANALYSIS SEWER BASINS EDINA, MINNESOTA ow c' i i FIGURE I CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARINGS ON VACATION OF EASEMENT FOR ROAD AND UTILITY PURPOSES FOR PORTION OF AMUNDSON ROAD ' 3 AND w� DRAINAGE AND UTILITY EASEMENT WITHIN LOTS 1 AND 2, BLOCK 1, CROSSTOWN HILL NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City:.Hall, 4801 W. 50th St., on April 18, 1983, at 7:00 p.m., for the purpose of holding public hearings on each of the proposed vacations of the following easements for utility and road purposes and for drain- age and utility purposes described as follows: That part of the Southwest 1/4 of the Northeast 1/4 of Section 8, Town- ship 116, Range 21, described as follows: Beginning at the Southwest corner of Lot 1, Block 1, Braemar Oaks; thence Southwesterly at an angle of 1060 49' 58" as turned clockwise from the South line of said Lot 1 to an intersection with a line 818 feet Northerly of and parallel with C./ the South line of said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast corner of Outlot A, Braemar Oaks; thence Easterly to the point of beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County_ (for road and utility purposes); and All of the 5 foot wide drainage and utility easement within Lots 1 and Z 2, Block 1, Crosstown Hill, lying Southeasterly of the 10 foot wide drainage and utility easement lying parallel with and abutting the Northwesterly line of said Lots 1 and 2 (drainage and utility purposes); All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations are in the.public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacations affect,existing easements within the area.of. the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the game or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, retnove,.or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continued. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk �I cl� tt (J ----------- 7 ILI r March 18, 1983 To: The Mayor and City Council From: Florence B. Hallberg, City Clerk Subject: Renewal of Beer, Club Liquor and Sunday Liquor Licenses The following license applications should be approved for the year April 1, 1983 to April 1, 1984: On -Sale Beer Licenses Braemar Golf Course The Brothers Daytons Valley View Room Donaldson's Fifth Floor Edina American Legion Post 471 Edina Country Club The Empress Restaurant Gus Young's Biltmore Lanes Interlachen Country Club J.P's Restaurant Kings Court LeBistro, Inc. Los Primos Monterey Jacks Normandale Golf, Inc. Original Pancake House Rigotto's Pizza Southdale Bowl Czechuan Star T.J.'s Restaurant Off Sale Bcer Licenses Applebaum's Food Market Byerly Foods of Edina Jerry's Foods Kenny's Market Q Petroleum Red Owl Country Store S'lluperamerica 4047 1/ennisuh�f �Lla�Ked- Club Liquor and Sunday Liquor Licenses Edina Country Club Interlachen Country Club Please approva subject to approval of the Police Department. (All applications have not yet been checked out.) HERBST & THUE. LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER ADRzAN E. HERHST 7900 XERXES AVENUE SOUTH DANIEL D. TaUE GARY R. MATZ BLOOMINGTON, MINNESOTA b5431 JOHN F. GIHHS ANN C. VIITAI.A LEGAL ASSISTANT March 7, 1983 Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Kenneth E. Rosland City Manager City.of Edina 4801 West 50th Street Edina, Minnesota 55424 James F. Miller City Manager City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, Minnesota 55343 RE: Our File Number 81 -2057G Gentlemen: TELEPHONE (612) 835 -2434 William P. Craig City Manager City of Hopkins 1010 First Street South Hopkins, Minnesota 55343 Karl Nollenberger City Manager City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Enclosed herewith are the documents necessary for the ordinance amendment clarifying the initial service area and line extension policy. The draft ordinance included in this material incorporates those additions requested by the Commission at its recent meeting. We are awaiting amended maps from the company. When we receive those maps, they will be delivered immediately to you. Should you have any questions or if I may be of any assis- tance, please do not hesitate to contact me. Very truly yours, Adrian E. Herbst AEH nd Enclosures cc: Ralph B. Campbell, III RESOLUTION OF FINDINGS OF FACTS, CONCLUSIONS AND RECOMMENDATIONS OF THE SOUTHWEST SUBURBAN CABLE COMMISSION (HEREINAFTER "COMMISSION ") WHEREAS, the Commission was formed by the City Councils of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota (hereinafter "Parties ") in May, 1982 to coordinate the admi- nistration and enforcement of the respective cable communications franchises of the parties; to report and recommend to the parties relative to the operation of their respective cable com- munications franchisees; and to perform such other duties as are required; and WHEREAS, based upon the authority granted to it, the Commission has undertaken its responsibilities and, pursuant to Article VII, Section 3 subd. (a)(i), of the Joint and Cooperative Agreement the Commission is empowered to make policy decisions and recommendations to the parties on the enforcement of laws, regulations and ordinances. NOW, THEREFORE, BE IT RESOLVED, at a regular meeting of the Commission, that the Commission does hereby make the following: I. FINDINGS AND CONCLUSIONS A. In October, 1982, a question was presented to the Commission and its Operating Committee as to when cable com- munications service would be provided by the franchisee, Minnesota Cablesystems- Southwest (hereinafter "Minnesota ") to a certain area of Minnetonka defined as census tract 263.01. The area at issue is zoned residential and, for all relevant time, has been zoned residential. B. In response to that question, the Operating Committee of the Commission requested a legal opinion from the Commission's legal counsel (hereinafter Counsel) as to the duties and obliga- tions of Minnesota. In preparing the legal opinion, Counsel for the Commission spoke with representatives of Minnesota and met with attorneys representing Minnesota. Counsel reviewed Minnesota's proposal dated June 16, 1980, the Cable Television Information Center's (hereinafter "CTIC ") preliminary report dated September 4, 1980, Minnesota's response to that report dated September 24, 1980, CTIC's final report dated October 17, 1980 and the franchise ordinance. C. Counsel provided an opinion letter to the Operating Committee dated November 16, 1982. That opinion letter responded to two specific questions. -1- D. Counsel first addressed the question -of whether census tract 263.01 was within the initial service area as proposed by Minnesota. The opinion concluded that the initial service area consisted of all residentially zoned areas contained within the boundaries of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. This conclusion was substantiated by Minnesota's pro - posal.at Form H, page lA of 5 and the Minnesota response to the CTIC preliminary report at Section V, page'll. E. Counsel then addressed the question of what installation charge would be applicable to residences within census tract 263.01. The opinion concluded that to the extent the density in census tract 263.01 and the surrounding area is less than forty (40) homes per mile, cable communications service may be provided under the line extension policy that would result in an addi- tional Forty Dollars ($40.00) to Eighty Dollars ($80.00) per installation charge. F. . Counsel observed that the Minnesota proposal distin- guished between those areas with a density of forty (40) homes per mile or greater, those areas with a density of less than forty (40) homes per mile but still served by city sewer and water and those areas without city sewer and water. Counsel concluded that the latter category would not be applicable because census tract 263.01 is served by city sewer and water and that Minnesota, in its response to CTIC's preliminary report, had limited the category to homes in areas not presently zoned residential. G. The applicable installation rate for census tract 263.01 has been a source of considerable debate and differences of opi- nion. Minnesota expressed a concern relative to the cost of construction in the above - mentioned area. A concern was expressed that to provide service at other than a cost repre- senting time and materials would result in a cross - subsidization by other locations. Further, the above - mentioned area has been described as an area not served by city water and sewer as con- templated by Minnesota since those services are provided by a municipality other than the City of Minnetonka itself. H. Shortly thereafter, a similar question was raised regarding certain portions of Eden Prairie. Counsel for the City of Eden Prairie provided that city his legal opinion that Minnesota has the responsibility to cable all areas of that city that were zoned residential at the time the franchise ordinance was passed and that Minnesota may charge additional costs where the density per mile is less than forty (40) homes. I. On January 6, 1983, the Operating Committee, the Franchise Administrator and Counsel met with representatives of Minnesota and Mr. Wayne Popham, counsel for Minnesota. -2- J. Mr. Popham explained that Minnesota intended to provide service to most, but not all, parts of the parties under an Initial Service Area policy. The remaining areas would be served under a line extension policy. Requiring all homes zoned resi- dentially to be cabled would necessarily eliminate the need for a line extension policy. K. Mr. Popham stated that to serve all residentially zoned homes would require One Million One Hundred Four Thousand Six Hundred Ninety -One Dollars ($1,104,691.00) in construction investment. The cost of subscriber installations and converters were not included in that amount. The $1,104,691.00 would serve slightly less than one percent (1 %) of the homes in the Southwest area whereas approximately Thirteen Million Dollars ($13,000,000.00) was required to serve the homes already cabled. L. Minnesota then proposed a compromise whereby forty per- cent (40 %) of the densest areas remaining to be cabled would be served as part of the Initial Service Area and the remaining homes would receive service under a clearly articulated line extension policy. The proposed compromise is as follows: 1. The seventy -six (76) homes listed as Area 1 in Exhibit A and the one hundred sixty -two (162) homes listed as Area 13 would be served under the Initial Service Area policy at a cost of One Hundred Fity -Five Thousand Dollars ($155,000.00) with no significant impact on the rates. 2. The remaining three hundred seventy -two (372) homes in Areas 2 through 12 and 14 through 20 would be served under a line extension policy based on a cost sharing formula. M. Mr. Jullie, Eden Prairie, requested time to seek-direc- tion from his City Council since Eden Prairie would be signifi- cantly affected. N. Mr. Craig, Hopkins, stated that he believed a mistake had been made on the part of Minnesota and that a mistake of this kind should not be strictly enforced. To strictly enforce the ordinance would not be in the best interests of the parties. O. Mr. Miller, Minnetonka, stated that he preferred to deal with the line extension issue as it affects the entire Southwest area rather than dealing on a case -by -case basis with only a few of the areas. Mr. Miller objected to the process to the extent that it focused closely upon the cross - subsidization issue. P. Mr. Nollenberger, Richfield, reminded the Committee that rates had been a weight of ten percent (10 %) in the decision- -3- making process during franchising. Mr. Nollenberger, too, believed that Minnesota had made a mistake. Q. Mr. Rosland, Edina, expressed his support for the. compromise. R. On Tuesday, January 18, 1983, at a regularly scheduled meeting, the Eden Prairie City Council discussed the issue and the compromise offer. Also in attendance were Ralph B. Campbell, III, Franchise Administrator, Adrian E. Herbst and Gary R. Matz, counsel for the Commission. Individual council members acknowledged that they understood throughout the franchising pro- cess that not all areas of Eden Prairie would be cabled initially and to do so would constitute an undue burden on Edina, Hopkkins and Richfield. The Council voted to accept the compromise offered by Minnesota. S. The Operating Committee met again on Friday, January 21, 1983, to receive the recommendation of the Eden Prairie City Council and to discuss with representatives of Minnesota a draft of the proposed line extension policy. Certain changes were made at that time. A copy of the final line extension ordinance is set forth in Exhibit B. T. Based on the foregoing, it is the Commission's finding that the proposed compromise is not inconsistent with the intent of the parties; the compromise is- consistent with the goal of the Commission of providing cable communications service to all Southwest residents in the timeliest and most economical manner possible; and the compromise is in accordance with the minimum requirements of the parties' Request for Proposal. II. RECOMMENDATIONS A. The Council should accept this report from the Commission. B. The Council should adopt the ordinance set forth in Exhibit B clarifying Minnesota's line extension policy and amending certain provisions of the cable communications franchise ordinance. EXHIBIT A 2 E HOPKINS MINNETONKA EDINA 9 1 X 9 f « \ 10 10 RICHFIELD Q \ 10 DEN -PRAIRIE 14 _ UG 11 10 11 13 11 11 15 i i MLN'=N KA Sao Sheet ibt,tl (Horrws on T:a'LS Sheet Affe ted) 1 Area is presently not designed. City water 75 and sewer is supplied from Wayzata. Trunk nk will have to be routed outside franchise area or through private ccm- ercial easements and undeveloped land. 2 Presently not designed - will require 1583' of 3 system to feed. 3 Area fed from Hopkins trunk. ;-buld have required 3 a minimun of 500' U.G. through private easements to feed from Minnetonka trunk. 4 Presently not designed - will require 989' of 1 system to feed. 5 Presently not designed - will require 67.1' of system to feed. 6 Presently not designed - city water and sewer are not in the area. T:-buld require 5639' of system to feed. 7 1-bbile Home nark fed fr-an Pbokins trL,.nk. Area is 3-: isolated frct-n 1irnetonka trzA by extensive ce:n- mercial area. Over 6800' of system, primarily U.G., would have been required through ca-r- ercial easements to reach area from �]innetonka trunk. Currently not built because area has been rezoned coamercial and mobile homes will be removed. �3 Area is ore:!=inantly co.^,mercial. It -would rernrire 8 acproxi-rately 6426' of aerial system to feed t, e ha-, :-s. 5 -1 5 -4 . 4 -2 4 -3 4 -1 4 -4 22 -4 (2) K56 -29 20 -3 30 -4 31A -4 (6) 32A -4 (3) r :z5 -31 (27) L56- 91(27) 34A -1 (3) 34A -3 (1) 14A -4 (4 ) EDLN PRAIRIE C Area Minter 9 Area is aresently not designed - city water and sewer are not in the area.. 10 Area is presently not designed - city water and sewer are not in the area C 11 Area is oresently not designed - city water and sewer are not in the area. f Lao Sheet Total (!-Toms on :mimes Sheet elF_`ected 23 6-2(2) 5-3R) 6-1(3) 5 -1(1) 3-2(3) 5-4(3) 4 -1 (1) 4-4(l) 3-3(l) 4A-1(2) 87 K57-18(5) ' K57 -19(8) K57 -29(4) K57-29(9) K57 -30(3) K57- 39(12) K37-40(4) K57 -58(1) K57-60(2) K57-70(6) L57 -51(1) L57 -61(4) L57 -71(3) L37 -91(5) L56 -11(4) L36-21(5) L36 -31(2) 3-1(2) 210 7-4(2) 7A-2(2) 7A-4(l) 13-1(4) 18-2(2) 18-3(l) 18A-1(2) 19A-2(3) 19A -3(5) 19A-4(2) 2O 1 (3) i 2-3A-2(3) ,DA-3(27) 21A-3(l) 21-40) 21:►-1 (1) 30-1G) .33 - ?(A-7) 3.0-11(4) 30 -4 (22) 311 -1 G;) 30A -•I (5) iJL:1 t I< -Aii�- Page 2 Area Nu.: Jeer 11 (cunt) 12 13 14 15 Mao Sheet 'Ibtal (Homes oil H(Imes Sheet Affected) Area contains homes that have beean designed, 91 and.will be built although city water and sewer are not in the area. Area contains hc.-,,es that have been designed 108 but will not be built, because city water and sewer are not in the area. 7-vo isolated pockets of hams located in 16 co: rnercial area. Area is presently not designed - city water 48 and sewer are not in the area. 31-2(l) 29-1(3) 29 -2(21) 29A -1 (4) 29A -3 (7) 29A -4 (6 ) 28-3(3) 23A -2(5) 23A -3(1) 28A-4 (2 ) K58 -6 (9) K39 -7 (1) ti58 -16(5) v3 -35 (3) K59 -37 (6) 16A -2 (1) 16A -3 (1) 17-4(3) 17A -1 (6) 17A -4 (8) 20-1(8) 20-4R) 21-2(33) 21 -3(29) 2LA -2 (1) 20i-1 (9) 20A -4(29) 21A -2(24) 21A -3 (3) 21A -1(24) 21A -4(20) K57 -89(3) ,57 -78 (3) X--)7-79(6) i,37 -33 (3) .,53-49(4) :::)9 -5•) (2) X53 -59 (4) K5,N63 (1) K53 -60 (2) Kc ° -80 (2) L.5.3 -51 (3) L.5 " -51 (5 ) L58- 71(12) L53 -81(7) 1 :'age 3 — .•Tap Sheet Area Number T )tal (H3a. s on !' :res Sheet Affected) 16 Presently not designed - will rewire 1 15A -3(1) 393' of s%-stem to feed. 17 Presently not designed - new addition to 7 8 -3(2) Round Lake Estates. Five homes nave been 8A -2(5) built since su7r,Lr, 1982. It will take about 2640' of U.G. system to feed. 18 Presently not designed - will require approx. 4 K57 -30(1) 4000' of system to feed. L57 -31(1) 19 Isolated pocket of homes - city sewer and K57 -40(2) water are not in the.area. 6 K57 -98(6) 20 Area has thr ,)lated `•.cues. It would 3 15-2(l) require at lam_._.. "Al' of aerial system 16-1(2) to feed. Area is pri•-iarily commercial. 1 SOUIHWEST Dec rater 16, 1982 MEMORANDUM e Pco IV\ 1.6.83 ADDENUM TO: Gary Mizga FRGS: Mike Stark RE: Cost SunTkry to Provide Service to Hares Remaininq Undesicned in Five Cities Please refer to areas as outlined in the updated report of December 16, 1982. Plant Required Project Area 0 Ar W. Hares Cost Cost/Unit Hanes /,%,; 1 14,272 3,989 76 $70,883 S 933 22.0 2 4 1,583 0 3 5,097 1,699 10.0 5 989 674 0 1 3,184 3,184 5,3 6 4,631 0 1,008 1. 7 2,170 21,210 2,170 3,030 7:8 8 6,426 0 8 20,690 2,586 6.6 6.6 9 19 9.951 2,655 23 48,634 2,114 9,6 37,791 _ 20,471 87 249,619 2,869 7.9 11 113,529 16,954 318 471,492 1,483 12.9 13 Included in Area 11 14 15 7,356 6,559 22 64,678 2,940 8.3 26,148 4,014 48 109,276 2,277 8,4 16 17 593 0 1 1,909 1,909 8.9 18 742 2,640 8 18,889 2,361 12.5 19 1,823 111 4 6,563 1.641 10.9 Included in Area 14 - 20 2,841 200 3 10,397 3,466 5.2 TUTAl:: 229,349 58,601 610 1,104,691 11811 11.2 43.44 miles 11.10 miles The above cost is based upon budget figures below: Cost/Mile AE UG $17,000 $33,000 i)S /mlk EXHIBIT B ORDINANCE NO. // .Z U -A AN ORDINANCE SETTING FORTH A DESCRIPTION OF THE FACILITIES TO BE PROVIDED BY MINNESOTA CABLESYSTEMS - SOUTHWEST, A MINNESOTA LIMITED PARTNERSHIP; AMENDING THE LINE EXTENSION POLICY OF MINNESOTA CABLESYSTEMS - SOUTHWEST; PRESCRIBING UNIFORM MONTHLY RATES AND OTHER CHARGES AND INSTALLATIONS AS SET FORTH HEREIN; AND AMENDING THE EXHIBITS. THE CITY COUNCIL OF THE CITY OF ORDAINS: 1. That Article III, Section 4 of Ordinance No. be amended to read as follows: SECTION 4. FACILITIES. The Grantee shall construct, maintain and continue to provide all facilities and equipment set forth in the Offering or as otherwise provided in Article V, Section 2 and Exhibits A and B hereto, including, but not limited, to, the headend, hubs, distribution system, studios, equipment and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization and.maintenance of these facili- ties, including its plans for accommodating future growth and changing needs and desires, shall be fully and timely performed 2. That Article V, Section 2, be amended to read as follows: SECTION 2. LINE EXTENSION POLICY. =a : :cc ^c' 6 6iE eF36-in—n th ^e arear. net -ne -1 ude� -1- €ellewing -equ --_- nts: A. Residenees leeated eutside the initial ser-VI -ee area will - b•e- previ-ded ser-viee upen-- aeeeptanee --ef a quete f em Grantee. The quete shall net exeeed the eest to GEanteey ealeulated en a time and material basis, of e tending the - eeble- and eeessarry -eable equipment te- seri =ree the residenee. �� —Any nenresident-i-al user requesting -9 will be- pravided serviee upen aeaeptanee -ef-a -quote flue. Grantee. The quete shall set- exe- eed- t#;e- cest to Grantee, ealeulatEd on- -A -ti-me and- ma -tpr -j R! basis -, Af e3Etending the eable and neeessaEy eagle equipment to Er-yiee said user, A. Service will be provided to residents of the City in areas with an average density less than forty (40) dwelling units per street mile or cable mile, whichever pro- vides the greater benefit to the subscribers, as determined by City, based upon the cost contribution formula defined below. Residents of the City in areas with an average density of at least forty (40) dwelling units per street mile or cable mile, whichever provides the greater benefit to the subscribers, as determined by City, will not be required to make a cost contribution pursuant to the cost contribution formula below in order to receive service. The monthly charge for cable service in the extended area shall be the -2- same as elsewhere in the system. B. The cost contribution to be allocated to each interested subscriber in the extended area will be deter- mined as follows: 1. Grantee shall estimate the total cost of constructing and maintaining for three (3) years from the date service is available, the line extension to be constructed in the extended areas. Total construction cost is defined as including all labor and material costs necessary to construct ar.activate that part of It the system commencing at the nearest point of existing lant and running to and within the extended area. 2. The standard cost per dwelling unit in the extended area shall be determined by dividing the total from (1) above by 40, being the standard minimum den- sity. 3. Grantee's contribution to the cost of the line extension shall be determined by dividing the total number of dwelling units in the extended area by the number of miles in the extended area, and multiplying the resulting number by the standard cost per dwelling unit. 4. The difference between the total costs (1) and the Grantee's contribution (3) is the total contri- bution of the subscribers in the extended area. 5. The amount to be paid by each subscribing ISC resident shall be determined by dividing the total residents' contribution from (4) above by the number of persons subscribing to the service in the extended area. C. Service under the line extension policy shall be provided in accordance with the following procedure. 1. Residents in an area with an average density of less than forty (40) dwelling units per street mile or cable mile as determined above, who desire cable service shall petition the Council for designation as an extended area. The petition shall include a map showing the dwelling units proposed to be included in the designated extended area. 2. The Council shall by resolution designate the dwelling units to be included in the extended area. 3. Upon designation of an extended area, Grantee shall prepare a map indicating the trunk cable line that will be constructed to serve the extended area and shall estimate the combined total construction cost and three (3) year maintenance cost for service to the extended area (Section 2.B.1), the Grantee's contribu- tion (Section 2.B.3), and the total contribution of the subscribers (Section 2.B.4). 4. Residents within the extended area who wish to become subscribers will have thirty (30) days to commit to service, by executing and submitting a com- mitment form to Grantee. -4- 5. Grantee will estimate the cost to each subscriber according to the formula in Section 2.B.5, above. Grantee will notify Council and subscribers of the subscriber cost estimate by U.S. mail. 6. Subscribers will have thirty (30) days from the date of mailing of the subscriber cost estimate in which to deposit the amount of the subscriber cost estimate into an escrow account to be maintained by the City. 7. If the total contribution of the subscribers is deposited within the time period specified in B.6 above, Grantee shall construct the line extension. Construction shall be completed and service made available to the extension area within twelve (12) months from the end of the subscriber contribution deposit period. 8. Upon completion of the line extension construction, the City will pay to Grantee all funds in the escrow account. 9. Any resident who did not participate by ini- tial subscriber contribution and who wishes to hook u to the line extension within the first three (3) years after service is commenced in the extended area must deposit into an escrow account to be maintained by the city clerk the amount of the subscriber cost estimate deposited by original subscribers under paragraph 6 -5- above. All such new contributions shall be held in escrow until the end of the third year after service is commenced in the extended area, at which time all funds in escrow shall be divided equally and returned to the then current subscribers. At the end of the three (3) years following the commencement of service to the extended area,.all new subscribers in the extended area will be provided cable television service under the same terms as all other residents of the City. D. Grantee shall hold the City and their respective officers, agents, employees and representatives, harmless and indemnified against any and all loss, costs, damage and expense, including, without limitation, attorneys' fees, now or hereafter incurred by it, and arising out of or due to, or claimed to arise out of or be due to, this ordinance or the process following by City in adopting this ordinance. 3. That Article VI, Section 4 of Ordinance No. be amended to read as follows: (1) Rates and charges charged by Grantee for monthly service and instal at eH and other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). "• Installation charges shall be made pursuant to Article V, Section 2 and Exhibits A and B hereto. 4. That Article XIV, Section 2, paragraph H, be amended to read as follows: H. Each exhibit is a part of this Franchise and each is specifically incorporated herein by reference. The exhi- bits are as follows: Amended Exhibit A - Map of Contruction by Area, Including Time Schedule Amended Exhibit B - Rate Schedule 5. That Exhibit B be amended by deleting Article I, Section A, paragraph 5, as follows: -7- =a AMENDED EXHIBIT B GRANTEE SCHEDULE OF RATES I. SUBSCRIBER NETWORK. A. Basic Rates_ 1. Tiers Standard 150 Ft. Aerial Seniors & Installation Monthly Homebound (First Outlet) Tier 1 Universal Service. $19.95 Free Free Converter not re- quired for this service. Tier 2 Family Service. Subscriber owns $19.95 $3.95 $3.36 converter. Subscriber rents $19.95 Various Various converter from Grantee. Tier 3 Full Service. Subscriber owns $19.95 $5.95 $5.06 converter. Subscriber rents $19.95 Various* Various* converter from Grantee. Tier 3 Expended Service. $19.95 $10.95 $9.31 (Expanded) (Included converter and unit). 2. Rates will remain constant for two (2) years after com- mencement of construction of System or until completion of all construction required by Article V, Section.l of this Franchise, whichever is longer as determined by City. 3. Subscribers will have the option of renting various types of converters as follows: Grantee Converter Rate Schedule Initial Monthly Description Rate 1. Block converter $1.00 2. OAK L -35 $1.50 Description 3. Scientific Atlanta 6700 - set -up converter - descrambler option - remote control option - addressable feature (not initially available) Initial Monthly Rate $2.50 $3.00 $4.00 $5.00 The rental rate shall be added to the appropriate base rate shown in the table above if the subscriber rents the converter from Grantee. 'Subscribers may choose to rent or buy converters from sources other than the Grantee, however, a Grantee converter or descrambler will be necessary for premium services. 4. The standard installation rate will include the instal- lation of one hundred fifty (150) feet or less of aerial cable drop to each subscriber dwelling within the initial service area. Aerial installations within the initial service area in excess of one hundred fifty (150) feet will be charged at cost on a time and material basis. Underground installations will be charged at cost on a time and material basis. Free standard installations on Tiers 2 and.3 will.be.provided within the first thirty (30) days of energizing newly completed construction areas in the initial service area. 5. Senior citizen and homebound discounts of fifteen Dercent (150) will be offered on standard installation and monthly service of Tiers 2 and 3. The discount is available to all dwelling units where the head of the household is a senior, sixty -two (62) years of age or older, or homebound. B. Extra Outlets. *Installation (At) time of initial Installation Monthly Tier 1 Converter not required. $10.00 each Free Tier 2 Subscriber owns receiver. $10.00 each $1.95 each Subscriber rents converter_ _ $10.00 each Various ** from Grantee. Tier 3 Subscribers owns converter $10.00 each Various ** from Grantee. *Each outlet installaed after the initial installation will be $14.95 each. * *Same converter rental option as provided for under Section IA of this Exhibit B. -2- C. Reconnection. Charges for reconnection of existing installations shall be $14.95 for each reconnection.regardless of the number of outlets. D. Commercial Rates for Subscriber Network Services. These rates will be subject to negotiation and will depend on the number of outlets required and the type of services se- lected. A typical commercial rate for department store requesting ten (10) outlets on Tier 3 with no converters and no premium pay would be: Installation (at cost on a time and material basis) Monthly Rate E. FM Rates. 1st outlet $15.00 2nd outlet $10.00 3rd outlet $ 5.00 Additional outlets $ 4.00 FM service is included in the rate structures for Tier 2 and Tier 3. F. Multiple Dwelling Rates. 1. Rates will be negotiated depending on the type of service requested and the number of dwelling units served. Discounts are generally negotiated for Tiers 1, 2, and 3, and subscribers have the option to pay individually for premium services. 2. Typical Percentage Discounts for Tier 3 Service. Low rise (fewer-than four stories with no elevator) Fewer than 25 units - 5% More than 25 units - 10% High rise 30 to 49 units - 100 50 to 99 units 15% 100 to 199 units - 20% 200 units upwards - 25% 3. If the multiple dwelling is occupied by only senior citizens or homebound persons or both, both the multiple dwelling discount and the seniors and homebound discount will apply to the monthly basic cable rate. -3- G. Miscellaneous Provisions Regarding Converters. 1. No deposit will be charged on the rental of Grantee converters. Grantee, however, reserves the right to institute a converter deposit if excessive loss or damage to the converter units is experienced. 2. The various monthly converter rental rates include the replacement and /or repair of defective units. _._ 3. Subscribers renting. Grantee converters will have the option to buy them at a price based on the type of converter and length of time the converter has been rented. H. Premium Services. 1. Premium service rates shall be as follows: Monthly Home Theater Network $3.95 Home Box Office 7.50 CINEMAX 7.50 The Movie Channel 7.50 Showtime 7.50 Premiere 7.50 2. A $1.00 per month discount will be offered to subscribers taking two (2) or more premium services other than Home Theater Network at any one (1) time. 3. Lockout devices will be available free of charge. 4. Installation for premium services shall be free with the initial installation of Tier 2 or 3 service. Thereafter, any number of premium services added at the same time shall be added at a maximum cost of $14.95. 5. Pay - per -view service shall be charged on the basis of the event chosen. The range of charges is expected to be in the order of $2.00 to $5.00 per event. II. SERVICES TO GOVERNMENT AND EDUCATION FACILITIES. (INCLUDING LIBRARIES) A. Installation FPPG_ 1. One cable outlet (per facility) Free 2. More than one outlet (per facility) At cost of time and materials -4- B. There shall be no monthly charge for Tier 1, 2 or 3. III. RATES FOR HOME SECURITY STATUS MONITORING. Monthly $4.95 maximum 5.95 maximum 6.45 maximum 4.95 up de- pending on options taker and provider of system B. This rate schedule is exclusive of other third party charges that may be levied by emergency agencies or city licensing. C. Promotional Discounts. Rates in this Exhibit B are maximum rates. Grantee may allow special discounts during promotional or other marketing activities. IV. INSTITUTIONAL NETWORK. A. Installation. Grantee's installation charge will be based upon the cost of material and labor. Grantee will provide an installation quote free of charge on request of any potential institutional network subscriber. Grantee may waive the installation charge. Institutional'subscribers must supply any conduits, raceways, trenches or other passages necessary to permit installation of cable from the distribution line to the location(s) of the terminal equipment. B. Institutional Network Rates. 1. Institutional rates depend upon the use (video or date channel), the number of points involved in the communication, whether the communication is one -way or two -way, and whether the use is full time (24 hours a day, 365 days a year) or only part time (on an hourly basis). Packet data rates are calculated on a use basis per one thousand (1,000) packets of data. One (1) packet is eighty (80) characters or less. -5- Installation A. Single: fire alarm, medic alert, or security alert button. $49.95 maximum Double: any two services. 99.95 maximum Triple: all three services. 119.95 maximum Intrusion sensor system of variable de- Grantee or other provider pending on options taken and provider of system Monthly $4.95 maximum 5.95 maximum 6.45 maximum 4.95 up de- pending on options taker and provider of system B. This rate schedule is exclusive of other third party charges that may be levied by emergency agencies or city licensing. C. Promotional Discounts. Rates in this Exhibit B are maximum rates. Grantee may allow special discounts during promotional or other marketing activities. IV. INSTITUTIONAL NETWORK. A. Installation. Grantee's installation charge will be based upon the cost of material and labor. Grantee will provide an installation quote free of charge on request of any potential institutional network subscriber. Grantee may waive the installation charge. Institutional'subscribers must supply any conduits, raceways, trenches or other passages necessary to permit installation of cable from the distribution line to the location(s) of the terminal equipment. B. Institutional Network Rates. 1. Institutional rates depend upon the use (video or date channel), the number of points involved in the communication, whether the communication is one -way or two -way, and whether the use is full time (24 hours a day, 365 days a year) or only part time (on an hourly basis). Packet data rates are calculated on a use basis per one thousand (1,000) packets of data. One (1) packet is eighty (80) characters or less. -5- 2. Rates for transmission capacity do not include the costs of terminal equipment modulators, modems, and demodulators. 3. The institutional subscriber may be charged $20.00 per month. For this charge, Grantee shall provide communications security system equipment installed on the subscriber's premises by Grantee. Such equipment may include addressable taps, trans- mitter and filters or converter as required and allow access to the special channels from 300 to 402 MHz. 4. Rates are as follows: Type of Service .a. For Video (6 MHz *) Channels, used full time twenty -four hours ._a day) 1) One point to one other point on network 2) One point to one other point on network and return 3) One point to all other- points on.,network 4) One point to all other points on network and return b. For Video (6 MHz) Channels, used part time 1) From one point to one other point on network 2) From one point to one other point on network and return ' Rate $435.00 /month max. 865.00 /month max. 3,000.00 /month max. 6,000.00 /month max. $7.50 /hour max. 15.00 /hour max. 3) From one poin.t_to all other points on network 50.00 /hour max. 4) From one point to all others points on net- 110.00 /hour max. work and return 5) Special Teleconference Yearly Rate for one 1,800.00 /year max. hour per business day C. For data channel * *, full time (0.25 MHz) 1) From one point to one other point on network $36.00 /month max. 2).. From one point to one other point on net- 56.00 /month max. work and return 3) From one point to all other points on network 232.00 /month max. 4) From one point to all other points on net- 366.00 /month max. work and return 901: * *Data channels may be used for analog signal transmission such as audio. Eric Type-of Service Rate d. For data channel, full time (0.50 MHz) 1) From one point to one other point on network $52.00 /month max. 2) From one point to one other point on network 100.00 /month max. and return 3) From one point to all other points on network 355.00 /month max. 4) From one point to all other points on network 596.00 /month max. and return e. For data channel, full time (1.00 MHz) 1) From one point to one other point on network $87.00 /month max. 2) From one point to one other point on network 168.00 /month max. and return 3) From one point to all other points on network 614.00 /month max. 4) From one point to all other points on netowrk 1,050.00 /month max. and return f. For data channel, full time (2.00 MHz) 1) From one point to one other point on network $157.00 /month max. 2) From one point to one other point on network 308.00 /month max. and return 3) From one point to all other points on network 1,132.00 /month max. 4) From one point to all other points on network 1,960.00 /month max. and return g. Packet Switching Data Network 1) Data transmission charge $1.00 /1,000 packets 2) Connection to Packet Network 100.00 3) Cable Access Processor Lease 25.00 /month _ *To..- calcula.te.the rate-for FM--video channels, multiply -the .6 MHz -.. rate by 2.3. * *Data channels may be used for analog signal transmission such as audio. Eric VAS M E M O R A N D U M DATE: March 15, 1983 TO: Ken Rosland FROM: David A. Velde SUBJECT: Ordinance Amendment to Ordinance No. 434 Recently we have received several requests for waivers of the deck requirement for indoor whirlpools. Presently, Edina City Ordinance No. 434 requires a four foot deck around any swimming pool or special purpose pool. The Board of Building. Appeals has granted waivers for this deck requirement around small, shallow, special purpose pools such as whirlpools. This action is consistent with the position taken by the Minnesota Department of Health for public special purpose pools. At the urging of the Board of Building Appeals, we have drafted an amend- ment to the Ordinance which will address this issue utilizing some very simple criteria whereby this waiver may be granted by the Building Official. We would like to have this amendment acted upon with the second reading waived on March 21, 1983. ORDINANCE NO. 434 -A6 AN ORDINANCE AMENDING ORDINANCE NO. 434 TO REGULATE SPECIAL PURPOSE POOLS WHICH ARE LOCATED INDOORS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (g) of Section 6 of Ordinance 434 is amended by addition the following paragraph at the end of Section 6(g) : - "The Edina Building Official may waive the deck requirement for a special purpose swimming pool under the following conditions: 1. The pool is located indoors and the pool is accessible from at least one side by a deck; 2. The deck is no less than 4 feet wide as measured perpendicular to the pool's' side and no less than 8 feet long as measured parallel with the pools' side; and 3. The pool is no greater than 80 square feet in water surface area. a Section 2. This Ordinance shall be in full force and effect upon its pssage and publication. First Reading: Second Reading: Published in the Edina Sun on ATTEST: City Clerk Mayor